I-130 Petition for Alien Relative

[aland4040]

Ive recently came accross this and have many questions, anyone successfully been through the process?

[rayb]

What are your questions? I've petitioned two wives (with a 15-year lag between the two I-130 petitions), so I can probably give you more information than you need.

--Ray B

Ive recently came accross this and have many questions, anyone successfully been through the process?

[aland4040]

What are your questions? I've petitioned two wives (with a 15-year lag between the two I-130 petitions), so I can probably give you more information than you need.

--Ray B

As Ive basically posted the same round about thing in twice, then Ill go ahead and ask from this post. First thanks for getting back to me. I just learned about this today and am not very familiar with it other then what Ive read on USCIS website. A few years back before we were married my wife and I visited and American lawyer in Bangkok and were quoted a price of $2600 for a CR visa, they do all the paper work, file the forms, arrange the medical exam and accompany to the embassy for the interview but of course they dont actually attend the interview. Here come the questions:
I have been all over the internet since I found out about the petition and I saw somewhere that if the petition is granted then there is no need for a visa?
I built a house in Thailand but since non thais can not own anything in Thailand, the house and property is in my wife's name, my home in the states is in my name so we don't co-own anything, we don't have commingling bank accounts although that can be rectified, for the proof of family relationship,how much weight do affidavits carry? How many are needed?

[rayb]

Alan,

I think you may be misunderstanding some of the spousal visa information you have been researching.

The spousal immigrant petition is submitted to our immigration agency, USCIS, in the States. USCIS reviews and normally approves the petition in 2-6 months, then forwards it to the State Department (NVC), which bills you for two fees ($120 and $325) and you send sponsorship and civil documents to that agency. When the NVC is finished with your document review, your package is forwarded to the processing embassy, Bangkok, which requires your wife to get an immigrant medical exam and proceed to an interview at the Embassy, after which a spousal immigrant visa (IR-2 or CR-2, depending on length of marriage) is issued.

The price you were quoted, $2,600, is about market for attorney work if the government fees ($420, $120, $325) are included, otherwise it is on the high side.

--Ray B

As Ive basically posted the same round about thing in twice, then Ill go ahead and ask from this post. First thanks for getting back to me. I just learned about this today and am not very familiar with it other then what Ive read on USCIS website. A few years back before we were married my wife and I visited and American lawyer in Bangkok and were quoted a price of $2600 for a CR visa, they do all the paper work, file the forms, arrange the medical exam and accompany to the embassy for the interview but of course they dont actually attend the interview. Here come the questions:
I have been all over the internet since I found out about the petition and I saw somewhere that if the petition is granted then there is no need for a visa?
I built a house in Thailand but since non thais can not own anything in Thailand, the house and property is in my wife's name, my home in the states is in my name so we don't co-own anything, we don't have commingling bank accounts although that can be rectified, for the proof of family relationship,how much weight do affidavits carry? How many are needed?

[aland4040]

Alan,

I think you may be misunderstanding some of the spousal visa information you have been researching.

The spousal immigrant petition is submitted to our immigration agency, USCIS, in the States. USCIS reviews and normally approves the petition in 2-6 months, then forwards it to the State Department (NVC), which bills you for two fees ($120 and $325) and you send sponsorship and civil documents to that agency. When the NVC is finished with your document review, your package is forwarded to the processing embassy, Bangkok, which requires your wife to get an immigrant medical exam and proceed to an interview at the Embassy, after which a spousal immigrant visa (IR-2 or CR-2, depending on length of marriage) is issued.

The price you were quoted, $2,600, is about market for attorney work if the government fees ($420, $120, $325) are included, otherwise it is on the high side.

--Ray B

So let me see if I am understanding you correctly, first step is to fill out and submit form I-30 along with the $420 filing fee to USCIS here in the states? Then they review the form and hopefully approve it at which point they forward it the State Department and then they will bill me an additional $445 and ask me to send sponsorship (what is this exactly) and civil documents and by this I assume you mean marriage license, affidavits? After this is reviewed and approved then she goes in for the interview?At which point she may still be denied?

[rayb]

You are paraphrasing pretty much what I described. Why would you expect a denial of her visa at the last step (interview)? Very few spousal visa appications are denied at the Embassy interview, unless there is obvious misrepresentation or failure to provide additional evidence as requested.

Sponsorship proof (as required at the NVC step) consists of a completed form I-864, copy of most recent Federal income tax return, proof of employment or other income or liquid assets.

--Ray B

So let me see if I am understanding you correctly, first step is to fill out and submit form I-30 along with the $420 filing fee to USCIS here in the states? Then they review the form and hopefully approve it at which point they forward it the State Department and then they will bill me an additional $445 and ask me to send sponsorship (what is this exactly) and civil documents and by this I assume you mean marriage license, affidavits? After this is reviewed and approved then she goes in for the interview?At which point she may still be denied?

[aland4040]

You are paraphrasing pretty much what I described. Why would you expect a denial of her visa at the last step (interview)? Very few spousal visa appications are denied at the Embassy interview, unless there is obvious misrepresentation or failure to provide additional evidence as requested.

Sponsorship proof (as required at the NVC step) consists of a completed form I-864, copy of most recent Federal income tax return, proof of employment or other income or liquid assets.

--Ray B

I was somewhat paraphrasing but I was unclear on the sponsorship part and I wanted be sure that I was understanding you correctly on the steps and how they occur. I dont expect a denial at the interview level but I wont assume that an approval will be granted because anything can happen in Thailand. It just seems that this process is backwards from how the lawyer was going to do it, if I remember correctly he was going to apply for the visa, the wife would get her medical exam and have the interview and then we would process the paperwork for her to immigrate after she got here in the states. To be honest, my wife has no desire to immigrate and I would actually like to live there when I get to retirement age but I would like for my wife to be able to visit here and Id like to get her a S.S# so that when I die she will be entitled to my S.S. benefits. So in your opinion what path is the best to take? Start as stated earlier with the I-130 or just begin with a visa application and go that route?

[rayb]

Alan,

You are misstating what can normally be done. I think you may have misunderstood what the attorney was telling you.

The medical exam and Embassy interview must follow submittal of an immigrant petition (I-130), which later results in a CR-1 spousal visa being issued after a succesful Embassy interview.

--Ray B

I was somewhat paraphrasing but I was unclear on the sponsorship part and I wanted be sure that I was understanding you correctly on the steps and how they occur. I dont expect a denial at the interview level but I wont assume that an approval will be granted because anything can happen in Thailand. It just seems that this process is backwards from how the lawyer was going to do it, if I remember correctly he was going to apply for the visa, the wife would get her medical exam and have the interview and then we would process the paperwork for her to immigrate after she got here in the states. To be honest, my wife has no desire to immigrate and I would actually like to live there when I get to retirement age but I would like for my wife to be able to visit here and Id like to get her a S.S# so that when I die she will be entitled to my S.S. benefits. So in your opinion what path is the best to take? Start as stated earlier with the I-130 or just begin with a visa application and go that route?